Occupational therapists are required to obtain two types of consent for occupational therapy services, including assessment, treatment and consultation. This resource provides a quick review of knowledgeable and informed consent. For a more comprehensive understanding, refer to the College’s Standard for Consent.
Knowledgeable Consent
Under the Personal Health Information Protection Act, 2004 (PHIPA), knowledgeable consent is a specific legal requirement for how a person’s health information can be collected, used, or shared. Knowledgeable consent emphasizes the importance of clients knowing what is happening with their personal health information.
Knowledgeable consent under PHIPA means:
- As the occupational therapist you are asking permission and obtaining the client’s agreement, that you as the occupational therapist, clinic, or organization are allowed to collect, use, or share their personal health information.
- To obtain knowledgeable consent, the following should be explained to the client:
- What personal health information is being collected or shared,
- Who the personal health information is being shared with,
- Why the personal health information is being shared or used (the purpose),
- The client has the right to ask questions and say yes or no.
Informed Consent
In Ontario, occupational therapists must obtain informed consent before providing any treatment or occupational therapy service.
Informed consent under the Health Care Consent Act, 1996 (HCCA) means:
- As the occupational therapist you are asking permission and obtaining the client’s agreement before providing any occupational therapy assessment, treatment, or consultation service.
- To obtain informed consent, the following should be explained to the client:
- What the proposed treatment, procedure, or service is,
- Why it is being recommended (the purpose and benefits),
- Who is involved (any students, assistants, other providers)
- What the risks are (including any serious or common side effects),
- What alternatives are available (including doing nothing),
- The client has the right to ask questions and say yes or no.
Informed consent emphasizes that clients must have a clear understanding of the treatment itself – including risks and options – before agreeing to it. Consent is an ongoing process.
Comparison Chart
*Reminder: Consent is an ongoing process
| Areas of Focus | Knowledgeable Consent (Personal Health Information) | Informed Consent (Treatment/Service) |
| Applies to | Personal health information collection, use, or disclosure | Treatment, procedure, or healthcare service |
| What must be explained | What information is shared, with whom, why | What the treatment is, risks, benefits, alternatives |
| Client choice | Can say yes or no to sharing information | Can say yes or no to treatment/Intervention/service |
| Why is this important? | Awareness and control over personal information | Understanding and voluntary agreement to treatment |
| Legislation | Personal Health and Information Act, 2004 | Health Care Consent Act, 1996 |
| College Standard | Standard for Consent | Standard for Consent |
Contact Us
For any questions, please contact our Practice Resource Service at 1-800-890-6570 ext. 240 or practice@coto.org.